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: Delaware Business Litigation ReportCourt Of Chancery Applies Brophy To Insider Trading
By Edward M. McNally
Pfeiffer v. Toll, C.A. 4140-VCL (March 3, 2010)
The by now ancient Brophy decision upheld a claim against insiders for trading on confidential corporate information. This decision affirms that Brophy is still good law in Delaware. That is no real surprise, given the Court's strict enforcement of the duty of loyalty. The Court's discussion of possible damages that might be recovered also is very expansive.
On a different level, the opinion is revealing on how the Court goes about the task of deciding what is the law of Delaware. It is apparent that the Court is willing to conside a wide range of sources in a detailed analysis. This raises the bar for brief writers as well.
Full post as published by Delaware Business Litigation Report on March 03, 2010 (boomark / email).
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